Response Letter to OSEP Findings on FFY2002 APR
Stephanie Smith Lee
Office of Special Education Programs
United States Department of Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202
February 8, 2005
Dear Ms. Lee:
On December 8, 2004 the Massachusetts Department of Elementary and Secondary Education (ESE) received your response (hereafter referred to as "OSEP Response") to ESE's April 1, 2004 submission of our FFY 2002 Annual Performance Report for the IDEA Part B funds used during the grant period July 1, 2002 through June 30, 2003, wherein you identified five areas requiring demonstration of compliance within 60 days. The accompanying documents contain responsive detail, descriptive narrative, supporting data and related materials constituting ESE's demonstration of compliance in all five areas.
- General Supervision I - Dispute Resolution System Ensures that Complaint Investigations, Mediations, and Due Process Hearings and Reviews are Completed in a Timely Manner
This section reports on progress by the Bureau of Special Education Appeals (BSEA) for non-compliance with 34 CFR §300.511, regarding the 45-day timeline for issuing a written decision from the date of a due process hearing request (OSEP response at page 4).
- General Supervision I- A Sufficient Supply of Personnel Available to Meet the Needs of All Children with Disabilities
This section responds to OSEP's request that ESE submit a plan to collect the information required in 34 CFR §300.381, including relevant information on current and anticipated personnel vacancies and shortages (OSEP response at pages 4-5).
- Early Childhood Transition II
This section responds to OSEP's request for data and analysis demonstrating compliance in making FAPE available to each eligible child no later than the child's third birthday, for districts identified in FY 2002 as noncompliant in the monitoring indicators SE 15 and SE 17 (OSEP response at pp. 5-6).
- Free Appropriate Public Education in the Least Restrictive Environment IV
This section responds to OSEP's request to submit data and analysis demonstrating the correction of districts identified in FY 2002 as noncompliant with the monitoring indicators SE 18A #1, SE 18A #2, and SE 49, in the area of IEP development (OSEP response at page 7).
- Free Appropriate Public Education in the Least Restrictive Environment IV - Children with Disabilities Educated with Nondisabled Peers to the Maximum Extent Appropriate
This section responds to OSEP's request for clarification as to monitoring indicator SE 20 and for data and analysis demonstrating correction for districts identified in FY 2002 as noncompliant with SE 20, in the area of 34 CFR §§300.550-300.556 (OSEP response at page 9).
Massachusetts Director of Special Education
Massachusetts Department of Elementary and Secondary Education